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How much weight does the court give to what the GAL thinks. Little guys GAL just asked if we would be willing to do mediation with his parents in the future. She does not feel he is going home and was wondering. DH and I prefer to take things one day at a time.. Our experiences with foster care have taught us not to get our hopes up. But we have never had a GAL who seemed so strong minded before and really don't know much about how much weight the court gives their opinion.
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It depends on where you are, how involved the GALs are in your courts and the judge. Here, our GALs are very involved and carry a great deal of weight in the court because they are very involved with the kids they represent and also come to the parent visitation, so they know all the people involved.
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I would say that it seems to depend on the relationship with the judge and the GAL; I don't think it's universal. The judge and GAL usually work together everyday and I can see that the judge values some GAL's opinions more than others, just like most people have better relationships with some co-workers than others.
Also, what is the DCS official position? Usually it seems if DCS and the GAL are on the same page the judge is more likely to go with that plan than to deviate from it. It seems to be more up in the air when those two entities are going in different directions.
I think it also matters whether or not the GAL is actually an attorney representing the child's best interest or not. A motivated GAL/attorney is able to do things legally in the case that a GAL/CASA cannot. Don't let anyone railroad you into mediation to save the state a buck. If they have enough to TPR, they should TPR. If the parents hope to keep future children, then they are already motivated to relinquish--but that little bit of barter would be between the state and them, not you. The less you can be involved in the actual legal dissolution of their parental ties to the child and any binding agreements made to barter for that, the better going forward.
His GAL is an attorney. She is well respected even by the caseworkers. She fights for what is best for the kids. The caseworkers are playing things close to their chest. Bios are not complying with anything yet but it has only been five months. Personally, I would think that it would be too soon to be talking about adoption and mediation, but so far she has asked us about interest in adopting him everytime she has spoken to us and this last time about mediation. We of course would welcome him if he were to become available for adoption. Until then we will love him day by day and try to give him what he needs. He is starting to cling to us during their phone calls and it just about breaks my heart because I know he is so confused.
I think it does depend on how strong the GAL will is. I was a CASA and not the attorney. I worked hard behind the scenes. I made them move my kids when they were in trouble. Where the overworked CW cannot find time, the CASA or GAL can. Part of the GAL's job is to convince the DCS to come over to their side of thinking. But when that doesn't happen, they fight anyway. I've done it both ways, but it does work better when the DCS is in a agreement.
I think it sounds positive for you!
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It varies from court to court and GAL to GAL how much weight is put in their opinion. My experience has been that the court often respects the GAL's opinion. If it has been 5 months and the parents aren't making progress that really is the time when the GAL and the caseworker should start feeling out your feelings about adoption. THe case worker is probably going to be more broad because they do not want to get your hopes up about adoption for it to not happen down the line.
If you get to a point you are considering mediation, I would say make sure you hire your adoption attorney prior to the mediation because then they can attend the mediation with you and make sure the language in any agreement protects yours and your child's interest down the road.
Good Luck
What about if the DSS doesn't particularly care about us, but the GAL/atty and the child's bio family (prior to TPR) have expressed an interest in placing the child with us?
The GAL told me that since TPR hadn't yet been filed, the bio parents could still make an adoption plan for their son. They want to place him with us. But the next week after they made this decision and shared it with the SW, DSS filed to TPR and is saying that bc of this they won't be given the right to make this decision!
There is a hearing going on as I type, and the family is expected to tell the judge that they would like the child to come to us. But I'm unsure of what will happen bc DSS is not on board.
???
anilorak13ska
What about if the DSS doesn't particularly care about us, but the GAL/atty and the child's bio family (prior to TPR) have expressed an interest in placing the child with us?
The GAL told me that since TPR hadn't yet been filed, the bio parents could still make an adoption plan for their son. They want to place him with us. But the next week after they made this decision and shared it with the SW, DSS filed to TPR and is saying that bc of this they won't be given the right to make this decision!
There is a hearing going on as I type, and the family is expected to tell the judge that they would like the child to come to us. But I'm unsure of what will happen bc DSS is not on board.
???
JustAnotherThought - we weren't at the hearing bc we are not legally involved with the child in any way. We are not his foster parents, and we have never met him. Turns out our presence there wasn't needed anyway, as they didn't let the family who was there speak either. But conversations took place afterwards, and it is looking good for us!
I am about to contact the birth mom's new attorney, who said he intended to make his client's plan work, to see about the next step. He wants to keep Lil Guy out of the "foster care mix" and apparently thinks he can be placed with us as a foster placement while they work out the details. However, we're in another county, so I'm about to find out the next step.
Now that we seem to be legally on the horizon, I do intend to be at his permanency hearing in February.
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Just curious, what's DSS concern about placing with you? If the bio fam is for it, and the GAL is on board, I don't understand the problem unless its a policy issue- which almost always has a loophole that can be negotiated.
Also, where is the child placed now. Maybe you said already but are they in a foster placement and do they want to adopt?
Five months in is still a little early to be talking adoption, but talking "permanency" should start coming up soon if the parents haven't done anything. Stay around and show that you're only concern is the child and mb DSS will come around. Still, sometimes DSS policies gets everyone going in circles *grrr*!
mypov - The previous SW thought the bio parents weren't of sound enough mind to make this sort of decision about their son, even though TPR has not been granted yet. Luckily a new SW is on the scene, and I'm trying to get a hold of her this week. The little boy was in his grandmother's custody until just a couple of weeks ago, when he was placed with a foster family. I don't know if the family took him as a fost-adopt placement or a straight foster placement. That'd be one of the questions I'd like answered whenever someone at DSS bothers to call me back.
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That's frustrating! I can't understand why they wouldn't have moved him to your home 2 weeks ago when they knew you were interested! GRRRR. So now that he is in a foster placement than the state has custody. It's kinda their deal now. The GAL would probably have to prove a good reason for having him moved to your family. Moving kids if they are in a satisfactory placement isn't good for the child and really shouldn't be done. That said, I would just let DSS and the GAL know once again that you are interested should he need another placement for any reason.
This is probably not what you want to hear, but hopefully I am completely wrong and it will all work out for you.
Good luck to you!